Challenging Conviction: Danny Masterson Seeks to Overturn Rape Conviction by Criticizing Trial Attorney's Defense Strategy
Danny Masterson is currently serving a 30-year sentence at the California Men’s Colony in San Luis Obispo after being convicted of two rape charges in 2023. He is now seeking to overturn his conviction by blaming his trial attorney, Philip Cohen, for not providing a strong defense. Masterson's appellate lawyers claim that Cohen failed to call any witnesses and did not challenge the prosecution's assertions about Scientology, despite Masterson's requests to present defense evidence.
The case against Masterson involved allegations of raping two women at his Hollywood Hills residence in 2003, with a third rape charge resulting in a hung jury. Scientology was a significant factor in both trials, with prosecutors arguing that the church discouraged the women from reporting the incidents. Masterson's defense attorney chose to downplay Scientology rather than present a robust defense of his client's religion, which the habeas petition criticizes as a missed opportunity to undermine the accusers' credibility.
Cohen's defense strategy focused on cross-examining the prosecution's witnesses to establish reasonable doubt, a tactic that almost led to an acquittal in the first trial. However, the prosecution's stronger case in the retrial, coupled with more favorable evidentiary rulings, ultimately led to Masterson's conviction. The habeas petition argues that Cohen failed to adapt his strategy to the changing circumstances and neglected to interview potential defense witnesses who could have provided exculpatory evidence.
Masterson's appellate lawyers previously challenged the judge's rulings in a separate appeal filed last December. The habeas petition now allows them to address evidence that was not presented during the trial, emphasizing the need for a new trial where Masterson's side of the story can be heard. The petition contends that the jury only heard the prosecution's perspective and calls for a fair opportunity for Masterson to present his defense evidence in court.